Bill Text: NY S07049 | 2023-2024 | General Assembly | Introduced

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Bill Title: Requires any regulation that mandates prior authorization to establish a mechanism for submission of requests for prior authorization by health care providers directly to the medical indemnity fund; requires the medical indemnity fund administrator to notify qualified plaintiffs which costs are qualifying health care costs to be paid from the fund and which are not within a reasonably prompt period of time.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - REFERRED TO HEALTH [S07049 Detail]

Download: New_York-2023-S07049-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7049

                               2023-2024 Regular Sessions

                    IN SENATE

                                      May 17, 2023
                                       ___________

        Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
          printed to be committed to the Committee on Health

        AN ACT to amend the public health law, in  relation  to  prior  authori-
          zation and payments from the medical indemnity fund

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Paragraph (b) of subdivision 2 of  section  2999-j  of  the
     2  public  health  law,  as amended by section 3 of part K of chapter 57 of
     3  the laws of 2019, is amended and a new paragraph (b-1) is added to  read
     4  as follows:
     5    (b)  if  any  prior  authorization is required by such regulation, the
     6  regulation shall require that requests for prior authorization be  proc-
     7  essed  within  a  reasonably  prompt period of time and shall identify a
     8  process for prompt administrative review of any denial of a request  for
     9  prior authorization; [and]
    10    (b-1)  if  any prior authorization is required by such regulation, the
    11  regulation shall require establishing  a  mechanism  for  submission  of
    12  requests  for  prior  authorization by health care providers directly to
    13  the fund; and
    14    § 2. Paragraph (b) of subdivision 8 of section 2999-j  of  the  public
    15  health  law,  as added by section 52 of part H of chapter 59 of the laws
    16  of 2011, is amended and a new paragraph (c) is added to read as follows:
    17    (b) thereupon certify to the  commissioner  of  taxation  and  finance
    18  those costs that have been determined to be qualifying health care costs
    19  to be paid from the fund[.]; and
    20    (c)  notify the qualified plaintiff which of such costs are qualifying
    21  health care costs to be paid from the fund  along  with  which  of  such
    22  costs are not qualifying health care costs to be paid from the fund in a
    23  reasonably prompt period of time.
    24    §  3.  This  act shall take effect on the ninetieth day after it shall
    25  have become a law.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11112-01-3